Circuit Court Forms

FORM 53D

Record No.

AN CHÚIRT CHUARDA

THE CIRCUIT COURT

             CIRCUIT                                                                                                 COUNTY OF

IN THE MATTER OF SECTION 2 OF THE COMPANIES (AMENDMENT) ACT 1990

AND IN THE MATTER OF SECTIONS 509 AND 1312 OF THE COMPANIES ACT 2014

AND IN THE MATTER OF PART 4 OF THE FRIENDLY SOCIETIES AND INDUSTRIAL AND PROVIDENT SOCIETIES (MISCELLANEOUS PROVISIONS) ACT 2014

AND IN THE MATTER OF [INSERT NAME OF REGISTERED INDUSTRIAL AND PROVIDENT SOCIETY]

*On the application of [INSERT NAME OF REGISTERED INDUSTRIAL AND PROVIDENT SOCIETY], Applicant

*Between/ A.B.

Applicant

and

[INSERT NAME OF REGISTERED INDUSTRIAL AND PROVIDENT SOCIETY]

Respondent

ORIGINATING NOTICE OF MOTION

STATEMENT OF FACTS

1. The applicant, .... of ....., is (state in accordance with section 17 of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Act 2014, whether the applicant(s) is/are, as regards the society in respect of which the application is made, (a) the society; (b) the board of management or other directing body; (c) a creditor, or contingent or prospective creditor (including an employee); (d) not less than one tenth of the total number of members, or, where the society has more than 1,000 members, not less than 100 members, or (e) the Central Bank of Ireland).

2. The Society was registered in the State under the Industrial and Provident Societies Act 1983 (or as the case may be) with registered number ...... on the ..... day of ....... 19/20......

3. The registered office of the Society is at .... in the County of ..... The principal place of business of the Society is at ...... *(where the principal place of business is situated in the State) in the County of .......

4. The object for which the Society was established is: to ...... as set out in the registered rules thereof.

5. The members of the committee of management [or other directing body] of the Society are ...... and ......

6. The Society is *unable/*unlikely to be able to pay its debts. The appointment of an Examiner to the Society is desirable because [set out reasons].

7 In respect of

*the latest financial year of the Society that has ended prior to the date of presentation of this originating Notice of Motion

*the financial year of the Society that preceded its latest financial year ending prior to the date of presentation of this originating Notice of Motion the Society fell to be treated as a small society because [set out how the qualifying conditions which are stated to be met in the case of the Society, are satisfied]

8. The *Society/*applicant has approached [Name of proposed Examiner]of [Firm] and he has agreed to act as Examiner *(and Interim Examiner) of the Society, if so appointed by this Honourable Court.

9. The *Society/*applicant believes that there is a reasonable prospect for the survival of the Society and the whole or any part of its undertaking as a going concern.

10. No resolution subsists for the winding-up of the Society.

11. No order has been made for the winding-up of the Society.

[Note 1] *12. On the .... day of ...... 20 .... the Society passed a resolution directing the members of the committee of management [or other directing body] to take the necessary steps on behalf of the Society to seek the protection of the Court and the appointment of an Examiner. The said resolution was passed in the following circumstances

[Set out circumstances, including details of the Society’s financial difficulties. There should also be included (or exhibited and verified in the verifying affidavit) a statement of the assets and liabilities of the Society (in so far as they are known) as they stand on a date not earlier than seven days before the presentation of the originating Notice of Motion and as relied on in the report of the independent expert. Set out also particulars of any independent report, which should, unless an application is being made for an order under section 2A of the Companies (Amendment) Act 1990 and/or section 513 of the Companies Act 2014, be exhibited to the grounding affidavit].

[Note 1] *12. The application to seek the appointment of an Examiner to the Society arises in the following circumstances [Set out circumstances, including details of the Society’s financial difficulties and its creditors].

RELIEFS SOUGHT

TAKE NOTICE that on the .... day of ...... 20 ..... at ..... in the forenoon or the first available opportunity thereafter, application will be made on behalf of the applicant in the above entitled proceedings to this Honourable Court sitting at ........ for the following reliefs:

1. An order pursuant to section 2 of the Companies (Amendment) Act 1990 and/or section 509 of the Companies Act 2014 appointing [Name] as Examiner of [INSERT NAME OF REGISTERED INDUSTRIAL AND PROVIDENT SOCIETY (hereinafter the “Society”)]

2. Such directions as may appear appropriate to this Honourable Court in the circumstances.

3. Such further relief as may appear appropriate to this Honourable Court in the circumstances.

4. An order providing for the costs of and incidental to the proceedings on this application.

*NOTE:—It is intended to serve this originating Notice of Motion on (here insert the name of the Society. This note is unnecessary if the Society is itself the applicant)

Dated this .... day of .... 20 ....

Signed:

Applicant /Solicitors for the Applicant

To: The County Registrar

*and to: Respondent /Solicitors for the Respondent

[Notes] (need not be included in document presented)

[Note 1] One alternative version only of paragraph 12 must be included. 

*Delete where inapplicable.